Definitions

Consent

Consent must be informed, voluntary and mutual, and can be withdrawn at any time. There is no consent when there is force, expressed or implied, or when coercion, intimidation, threats, or duress is used. Consent to a sexual act is based upon active, informed, freely decided choice to participate in sexual contact/intercourse, and consent cannot be assumed or implied by silence or the absence of physical or verbal resistance. It is an affirmative, unambiguous and conscience decision. Consent to one type of sexual act does not imply consent to other forms and must be ongoing throughout a sexual encounter. Past consent to sexual activity does not imply ongoing future consent with that person or consent to that same activity with another person. If a person is mentally or physically incapacitated or impaired so that such person cannot understand the fact, nature or extent of the sexual situation, there is no consent. This includes incapacitation by use of alcohol, and/or drug consumption that meets this standard, or being asleep or unconscious.

Dating Violence

Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on a consideration of the following three factors: (1) the length of the relationship; (2) the type of relationship; and (3) the frequency of interaction between the persons involved in the relationship.

Domestic Violence

A pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This may include, but is not limited to any behaviors that intimidate, manipulate, harass, assault, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound another. Domestic violence also includes violent misdemeanor and felony offences committed by the victim’s current or former spouse, current or former cohabitant, person similarly situated under domestic or family violence law, or anyone else protected under domestic or family violence law.

Sexual Harassment

Unwelcome conduct of a sexual nature, whether between people of different sexes or the same sex, or unwelcome conduct of a non-sexual nature based upon a student’s actual or perceived gender, including conduct based on gender identity or expression, and non-conformity with gender stereotypes. It includes sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Sexual violence (assault) is a form of sexual harassment prohibited by Title IX. In addition, depending on the facts, dating violence, domestic violence and stalking may also be forms of sexual harassment.When a student is sexually harassed, the harassing conduct is unwelcome and substantially interferes with work, educational performance or equal access to the University’s resources and opportunities.There are two forms of sexual harassment – quid pro quo harassment and hostile environment harassment. Quid pro quo harassment, by definition requires that the harasser be someone in a position of authority over the student. Hostile environment harassment can occur when anyone in the campus community, including a student, harasses another person. An individual's intent or lack of intent to harass is not relevant to the determination of whether harassment occurred.To make the ultimate determination of whether a hostile environment harassment exists for a student, the University considers a variety of factors related to the severity, persistence, or pervasiveness of the sexual harassment, including (1) the type, frequency, and duration of the conduct; (2) the identity and relationships of persons involved; (3) the number of individuals involved; (4) the location of the conduct and the context in which it occurred; and (5) the degree to which the conduct affected one or more student’s education. The more severe the sexual harassment, the less need there is to show a repetitive series of incidents to find a hostile environment. Indeed, a single instance of sexual assault may be sufficient to create a hostile environment. Likewise, a series of incidents may be sufficient even if the sexual harassment is not particularly severe.

Sexual Assault

Actual or attempted sexual contact with another person without that person’s consent, or when a person is incapable of giving consent. Sexual assault includes Dating Violence, Domestic Violence, and Stalking. Additional acts that fall under sexual assault include, but are not limited to:

Coercing, forcing or attempting to coerce or force a person to touch another person’s intimate parts or penetration of the vagina, anus, or mouth of a person by any body part of another person, or by an object without the other person’s consent. Sexual battery may occur whether the victim is clothed or not.

Sexual Coercion

Using pressure, alcohol or drugs to have sexual contact with someone against his or her will. Persistent attempts to have sexual contact with someone who has already refused.

All such acts of sexual assault are forms of sex discrimination prohibited by Title IX and VAWA. Sexual assault is a criminal act. Therefore, a student has a right to file a criminal complaint and a Title IX complaint simultaneously.

Stalking

Repeatedly maintaining a visual or physical proximity to a person, directly, indirectly, or through third parties, by any action, method, device, or means; following, monitoring, observing, surveilling, threatening, or communicating to or about a person; or interfering with a person’s property; repeatedly committing harassment against a person; or repeatedly conveying or causing to be conveyed verbal or written threats conveyed by any other means of communication; or threats implied by conduct or a combination thereof, directed at or toward a person; or such other course of conduct directed to a specific person what would cause a reasonable person to fear for her/his or other’s safety, or to suffer substantial emotional distress.

Proceeding

A proceeding is the due process and appeal rights provided to a complainant and accused pursuant to this Policy. A “proceeding” does not include communications and meetings between officials and victims concerning accommodations or protective measures to be provided to a victim.